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BERNARD AMASIKE V. THE REGISTRAR-GENERAL CORPORATE AFFAIRS COMMISSION & CORPORATE AFFAIRS COMMISSION

(2010) JELR 42989 (SC)

Supreme Court  •  SC.204/2005  •  9 Jul 2010  •  Nigeria

Coram
ALOMA MARIAM MUKHTAR JSC MAHMUD MOHAMMED JSC IKECHI FRANCIS OGBUAGU JSC CHRISTOPHER MITCHELL CHUKWUMA ENEH JSC OLUFUNLOLA OYELOLA ADEKEYE JSC

Appearances
Mr. Okey Uzoho, Susan Okorie, Jude Okpe For the Appellant; Mr. K.C. Nwufo, Moses Adagunsu, Miss Anuli I. Onwuteaka For the Respondent.

Judgement

A. M. MUKHTAR, J.S.C (Delivering the Leading judgment): This is an appeal against the decision of the Court of Appeal, Abuja Division, which affirmed the decision of the Federal High Court Abuja. The plaintiff/applicant who is now the appellant in the appeal before this court initiated the action by way of Originating Summons seeking the following issues to be resolved:-

1. Whether having regard to Part C of the Companies and Allied Matters Act 1990 it was proper for the defendants to reject as 'Not Registrable" the following names proposed by the plaintiffs, to wit: "INSTITUTE OF CORPORATE GOVERNANCE," BUREAU OF CORPORATE GOVERNANCE" and/or "INSTITUTE OF COMPETITION POLICY and CORPORATE GOVERNANCE"

2. Whether the defendants have a discretion to reject the Plaintiff's application for 'name availability' applied for by the plaintiff and if the answer is in the affirmative, whether in relation to the rejection of the corporate names proposed by the plaintiff, the defendants' discretion …

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